At 7:38 AM +0530 3/2/06, mc mahant wrote:
" System" is Faulty all over.
We want back the system where there Was no Lawyer, Judge( Demigod?),Lockup (Which has a hard floor and an unclean hole going nowhere),No Lawbook, No Jail, No Hangman.
If the system worked for last million years before East India Company arrived it can be remade to work in 2007++
mm
*** That is way too simplistic. Things have changed over the
centuries. What might have worked fine three hundred years back, would
not necessarily work today, because the variables, the factors that
impact society's well-being, have changed dramatically. If a public
official steals from the public coffers, and there is no way to hold
her accountable, then we get what we have in place today in
desi-demokrasy. It will be the same with any other form of governance.
Anarchy is NOT a solution, but an enlightened system with functioning
institutions of state is. NO SYSTEM is perfect. For that matter
NOTHING IS perfect. Pursuit of perfection is not the issue, but a
system that can constantly be challenged and improved over time to
respond to the needs of society as it continues to evolve, IS. That is
where Indian style governance has shown its abject failure. But just
because Indian style governance does not work, we cannot assume that
ALL governmental systems are bad, or unhelpful.
From: Chan Mahanta <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED], Chan Mahanta <[EMAIL PROTECTED]>,[email protected]
Subject: Re: [Assam] From Tehelka
Date: Tue, 28 Feb 2006 21:19:47 -0600
blockquote, dl, ul, ol, li {padding-top:0;padding-bottom:0;}U,I was afraid your concept of a 'justice system' was seriously faulty. That is why I asked for an explanation of your assertion that the 'system' is not faulty. And you validated my fear. It IS very faulty!If you look up Webster's English Dictionary, it will tell you that a 'system' is 'an orderly, interconnected, complex arrangement of parts'.Typically a justice system would be much more than a judge as you perceived it to be. It would include the laws, investigative apparatus ( the police, CBI etc.). a prosecuting apparatus ( in the US it is the District Attorney's or the US Attorney's office), the court system ( lawyers, clerks, sherriff's office, magistrate etc.) , the judge and a jury system ( in the USA that is --I am not sure India has a jury system) and the penal ,system ( jails, prisons, halfway-houses, work-release programs, parole system, etc.)I will tell you a bit more about it later. At the moment I am falling asleep on the key-board. Good night all.cmAt 12:40 AM +0000 3/1/06, umesh sharma wrote:
I meant that the judge will decide a case based on the evidence presented. If no witnesses come forth - or later "trun hostile" under pressure from the other party -- it is the police which is to be blames which cannot protect citizens from thugs. Courts come in the picture later. Thats what I thought.
Umesh
Chan Mahanta <[EMAIL PROTECTED]> wrote:
>it is not the justice system - the law and order system which is responsible.
*** Can you explain what you assert here and why you do so, Umesh?
cm
At 3:45 AM +0000 2/28/06, umesh sharma wrote:
>I have been following this story like many similar ones - it is not
>the justice system - the law and order system which is responsible.
>If all the witnesses refuse to testify - thanks to threats, bribes >and trudgery of long visits to courts for years - then you cannot
>blame the judges as having biased judgement.
>
>It is similar to mafia rule where witnesses "turn hostile." It
>happened famously in Parliamentarian DP Yadav's sons alleged killing
>of their sister's lover -after he danced "opnely' with her on his
>birthday near Delhi. The deceased was son of a senior IAS official.
>
>Whats the cure. Those who have been in US for long can perhaps
>enlighten how the mafia bosses were rif off.>
>Umesh
Umesh Sharma
5121 Lackawanna ST
College Park, MD 20740
1-202-215-4328 [Cell Phone]
Ed.M. - International Education Policy
Harvard Graduate School of Education,
Harvard University,
Class of 2005
To help you stay safe and secure online, we've developed the all new Yahoo! Security Centre.
>_______________________________________________
>assam mailing list
>[email protected]
>http://assamnet.org/mailman/listinfo/assam_assamnet.org
_______________________________________________ assam mailing list [email protected] http://assamnet.org/mailman/listinfo/assam_assamnet.org
